Runrun.it – Terms and conditions

Please read the following carefully

Runrun.it – Terms and Conditions Published on 14 September 2015

These are the Terms and Conditions (“Terms“) governing the relationship between Runrun.it —including its website, software and services (“Runrun.it“)—and its users. By using Runrun.it, you agree to these terms in full. If you are a company or you are planning on using Runrun.it on behalf of a company, you agree to these terms on the company’s behalf. If there is anything in these terms with which you do not agree, do not use Runrun.it.

About Your Data

When using Runrun.it, you must enter several pieces of data, including but not limited to user profiles, customer names, comments on projects and tasks, files, emails and other items (“Data“). This data belongs to you, not to Runrun.it. We do not have, and will never have any ownership over your Data. However, we need to host your Data, create backups, process, and edit the Data in order to generate reports and graphs, perform analyses, provide alerts, make suggestions, and perform several other actions that are directly related to your use of Runrun.it. Thus, we need to save, access, and process this Data. By utilizing Runrun.it, you give us permission to perform the aforementioned actions both directly and through trusted third parties.

Beyond that, you also give us permission to use your data to produce statistical and other kinds of studies that may be published in an aggregate way to different public media outlets. Rest assured that your individual data will never be identifiable by the general public.

Ownership of Runrun.it

We are the owners of Runrun.it, and reserve all rights therein, including any and all intellectual property and other proprietary rights. You can use Runrun.it in accordance with these Terms of Use. However, Runrun.it owns all rights to the source code, brand, technical specifications of the software’s design, processes, reports, metadata, and other elements that are used to customize Runrun.it, and you agree not to use them in any manner that we have not previously authorized in writing. You agree that you will not perform, try to perform, or help someone perform any sort of disassembly, modification, or reverse engineering of Runrun.it software, except to the extent that applicable law expressly permits your disassembly or reverse engineering despite this limitation. You will not attempt to access Runrun.it source code or database structures.

Your comments and suggestions are very welcome. They can provide innovative ideas that can potentially be implemented and incorporated into Runrun.it. In this event, nonetheless, you would not have any right to them, even if you have paid for the implementation of those suggestions. You do not have, and will not have, any ownership of, or any kind of direct or indirect participation in, Runrun.it.

About Your Responsibilities

Runrun.it is not responsible for how you use the services provided. You are solely responsible for your own actions. Therefore, you can only enter and share Data on Runrun.it if you have all the rights associated with it. This is especially important when it comes to entering and sharing Data that might implicate intellectual property rights. Furthermore, you are responsible for protecting your Runrun.it password. If someone else has access to your password and uses it to access Runrun.it you are responsible for any action this person might take using Runrun.it. Runrun.it is not responsible for intrusions, unauthorized access, tampering, manipulation or deletion of your Data carried out by third parties, whether authorized by you or not.

Runrun.it has no obligation to keep or provide connection logs or access to the application records, which may be directed to your account in Runrun.it’s system. You acknowledge that Runrun.it may, at your instruction, send emails about the tasks created for the contacts that you list on the site. You assume full responsibility for these emails (these emails will likely be directed into the addressee’s SPAM box, and marked as unsolicited messages).

Acceptable Use of Runrun.it

We want you to use the flexibility offered by Runrun.it to work creatively and productively. However, it is unacceptable for you to publish:

• pornographic, prejudicial, racist or offensive material; • incitement to, approval of, or information about illegal activities; • pornographic material or otherwise illegal material involving children under the age of eighteen; • encrypted or password protected files and pages containing inappropriate information, as described in these rules; • libelous material that falsely accuses someone of committing a crime, insulting remarks that offend the dignity or decorum of others, and defamatory statements that might tarnish someone else’s reputation;

• information regarding software piracy; • material protected by intellectual property or industrial rights. It is forbidden to publish photos, texts, sound files or videos without the consent of the rights holder.

You are responsible for ensuring that you have all necessary rights and permissions required to publish Data on Runrun.it. You must not upload Data to Runrun.it if your publication of that Data violates any applicable law or infringes the rights of any third party.

Furthermore, it is expressly forbidden:

• to breach the conditions set forth herein with regard to the use of Runrun.it; • to translate, decompile, or copy images, code, screens, or any part of Runrun.it for external use; • to rent, lease, assign, or otherwise transfer your license; • to modify the product or merge all or any of its components with a different software; • to remove or alter any copyright notice, trademark, or other proprietary rights notice placed in Runrun.it.

About Runrun.it’s Modes of Use

We hereby grant to you a limited, nonexclusive, nontransferable, revocable license to access and use Runrun.it for your personal use only. . You acknowledge that you have not purchased Runrun.it, but only hold a user license. Under no circumstances will you have access to Runrun.it source code.

About Runrun.it Plans

Runrun.it offers a variety of plans that you can use. These plans are described on the following web page: https://runrun.it/en-US/software-people-management-pricing. The available plans and their characteristics (such as price, number of users, disk space, etc.) can be modified, and even deleted by us at any time. Nonetheless, you have the right to continue using the plan that you choose until the termination of the contract. For instance, if you have purchased an annual plan, and that plan is modified later, your plan will only be affected one year after the initial contract date. If you have purchased a monthly plan, the said modification will only be implemented at the end of the following month. Note that in the event that your plan is modified or deleted, we will make the best efforts to automatically accommodate you with a plan that is in line with your needs. Moreover, we will let you know about the modification or deletion of your chosen plan at least 30 days in advance. Further, we will even offer you the possibility of cancelling your plan—without incurring additional cost—via email (you must use the email address that you registered with Runrun.it).

Advertising

From the moment you create an account on Runrun.it, you become our customer, and as such, you allow us to display your company name and logo on our website for advertising purposes, as well as any information that you may have made available to third parties. If you do not use Runrun.it for more than 90 days, we will understand that you are no longer our customer, and the aforementioned authorization shall automatically be canceled.

About Billing

We will bill you automatically and in advance, starting on the date of registration for a paid plan and at each renewal, until you cancel your plan. You are responsible for payment of applicable taxes, and we will collect such taxes as required by law. If you switch from a Paid Plan to a more expensive Paid Plan, we will charge you the difference between the two plans on the first invoice. If you switch from a Paid Plan to a less expensive Paid Plan, we will charge you the fee for your new plan and credit to you the unused amount remaining on the more expensive plan. Only when this credit has been fully consumed we will begin charging you for the new Paid Plan. The contract for each plan will stipulate the fee owed to Runrun.it for the use of its services. If you have registered for a Paid Plan but do not use Runrun.it’s services, this does not affect the amount of money that you have to pay to Runrun.it. In other words, even if you do not use the services available, you must still pay the full amount specified in the contract. If you no longer wish to pay for Runrun.it’s services, you must formally cancel your plan.

Technical Support

To make the best use of Runrun.it, you should familiarize yourself with how it works. To make this easier, we have provided a series of videos and online training materials. If you wish to access them, you just have to click on the “HELP” link available on Runrun.it. In addition, further information and assistance is available via telephone. You may contact us during business hours (9am-12am and 2pm-6pm [GMT -3]) at 1 850 854-8770. If you have some familiarity with computers, and basic information about the operating system you are using, the computer’s method of connecting to the Internet, and the use of your browser, we will be better able to help you. Should you decide to call us, you will bear the cost of the call. We also encourage you to contact us via email at help@runrun.it Purchasing any Runrun.it plan does not guarantee that you will receive any technical support that exceeds the provisions herein. If you identify any flaw, vulnerability, instability or incident concerning Runrun.it, you agree to maintain confidentiality and to immediately inform the company by contacting us at the following address: help@runrun.it.

Backup

Runrun.it is not obligated to perform or provide backups of your Data that is stored on Runrun.it. You are responsible for using the tools available on Runrun.it to export your Data whenever you need a local copy. It is important to understand that if your Data is purged or deleted, either by you or by a third party, we might not be able to retrieve previous versions of it from your Runrun.it database.

Cancellation

You may cancel your Paid Plan on Runrun.it anytime. However, under no circumstances will you be refunded, even in cases where you have not used the service, except as required by law.

Deleting Data

If you are on a Free Plan and do not log onto Runrun.it for more than 12 months, we reserve the right to delete all your Data. If you are on a Paid Plan, we will only delete your Data 12 months after your last payment. Further, we will offer you the possibility of receiving a file with your data (a “Dump File“) in standard CSV (Comma Separated Values) format at any time within this inactive period if you request it before cancelling your account. We are not obligated to export your Data in any format other than the one stated in this document. If you are on the Free Trial Plan, and your trial ends, you have 60 days to subscribe to a Paid Plan before we delete your Data.

Rescission

You can stop using Runrun.it anytime. We also reserve the right to suspend or terminate your use of Runrun.it anytime, at our discretion and without notice.

NO WARRANTIES

We perform our best efforts to provide the best services, but there are certain things that we cannot guarantee. TO THE EXTENT ALLOWED BY LAW, RUNRUN.IT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY AS TO THE FUNCTIONING, AVAILABILITY OR CONFIDENTIALITY OF DATA STORED ON RUNRUN.IT. RUNRUN.IT IS PROVIDED “AS IS“. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RUNRUN.IT MAKES NO WARRANTY THAT THE SERVICE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) OR ANY INFORMATION OR DATA OBTAINED THROUGH RUNRUN.IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; (D) OR THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. YOUR USE OF RUNRUN.IT IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.

Disclaimer of certain damages

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RUNRUN.IT, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; LOSS OF PRIVACY; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, RELATED TO YOUR USE OF RUNRUN.IT, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT RUNRUN.IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUNRUN.IT’S AGGREGATE LIABILITY FOR ALL DAMAGES RELATED TO THE SERVICES AND ITS USE WILL NOT EXCEED $100, OR THE AMOUNT THAT YOU HAVE PAID TO RUNRUN.IT OVER THE PREVIOUS 12 MONTHS OF USE, WHICHEVER IS SMALLER. THE EXISTENCE OF MULTIPLE CLAIMS RELATED TO YOUR USE OF THE SERVICE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

Resolving disputes

There is nothing more important to us than having a good relationship with our customers. Therefore, you agree to contact us and try to informally resolve any disputes that may occur. If within 15 days we do not manage to resolve the dispute, then either party may begin legal proceedings. If you live in the United States, [DELAWARE] state law will govern the interpretation of these Terms. All claims where applicable law prohibits the application of [Delaware] state law will be governed by the law of the state in which you live. YOU AGREE THAT ALL CLAIMS AND DISPUTES RELATING TO YOUR USE OF RUNRUN.IT WILL BE RESOLVED IN [WILMINGTON COUNTY, DELAWARE], BY BINDING ARBITRATION BY A NEUTRAL ARBITRATOR, OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. If you live in the Brazil, the laws of Brazil will govern the interpretation of these Terms. All claims where applicable law prohibits the application of the laws of Brazil will be governed by the law of the state or country in which you live. YOU AGREE THAT ALL CLAIMS AND DISPUTES RELATING TO YOUR USE OF RUNRUN.IT WILL BE RESOLVED IN THE CENTRAL COURT OF THE DISTRICT OF THE CITY OF SÃO PAULO, BRAZIL.

Period of Validity and Modifications

These Terms are valid for an indefinite period. These Terms may be, and probably will be, revised from time to time, and the most updated version will be published on our website, at http://runrun.it/en-US/terms_and_conditions. You will be notified via the email account that you registered with Runrun.it when a revision significantly reduces your rights. If you continue to access or use the service after any revisions come into force, it will be understood that you have agreed to follow the revised Terms.

General

These Terms constitute the entire agreement between you and RUNRUN.IT, and void and supersede any prior or contemporaneous agreements. They do not establish any rights for third party beneficiaries. Even though we do not require the fulfillment of certain terms that are not stated in this document, we retain the right to do so in the future. If a provision of these Terms is held by a court of competent jurisdiction to be void, the remaining provisions of the Terms will remain in full force and effect, and a valid term will replace the invalid term, reflecting our intentions as much as possible. The provisions of these Terms will be enforced to the fullest extent permitted by applicable law. If any provision is deemed unenforceable, where possible, it will be modified so as to make it enforceable, which may include its deletion. You shall not assign, sublease, or otherwise transfer any of your rights under these Terms. Any attempt to do so will be void. Runrun.it may transfer its rights to any of its affiliates, subsidiaries or successors.

Any translation of these Terms is done for local requirements. If there is a dispute between the Portuguese and any non-Portuguese version, the Portuguese version will govern.

No one, other than you and Runrun.it, or Runrun.it’s successors and permitted assigns, will have any right to enforce any of these Terms.